RULING

MAJORITY OPINION

ASIEDU, JSC.

[1. 0]. INTRODUCTION

This application for the exercise of the supervisory jurisdiction of this Court, seeks an order of certiorari to quash the ruling of the High Court, dated the 5th day of June 2024, in the case bearing suit number CM/MISC/0829/2021 titled Daniel Ofori vs. Ecobank Ghana Limited. The application also seeks a declaration that the High Court has no jurisdiction to entertain any application to stay execution of a judgment of the Supreme Court, and finally, an order of prohibition restraining the High Court from entertaining any proceedings and/or applications to restrain the execution proceedings (sic) commenced in the suit intituled Daniel Ofori vs Ecobank Ghana Limited (Suit No. CM/MISC/0829/2021) as ordered by the Supreme Court.

[1.1] FACTS:

The applicant says in the supporting affidavit, among others, that the Supreme Court, on the 25th July 2018, entered judgment in his favour to recover the sum of GH₵96,304,972.41 from the Interested Party herein. On the 28th July 2021, the Supreme Court again directed that the judgment of 25th July 2018 be enforced by the High Court. The applicant, therefore, filed garnishee proceedings in suit number CM/MISC/0829/2021 titled Daniel Ofori vs. Ecobank Ghana Limited before the High Court, in an effort to enforce the Judgment entered by the Supreme Court. The High Court, granted an order nisi in the garnishee proceedings. In the meantime, the Interested party herein filed a writ and a statement of claim in suit number GJ/0902/2023 titled Ecobank Ghana Plc vs Daniel Ofori in the High Court for an order to set aside the judgment of the Supreme Court. Suit number GJ/0902/2023 was dismissed by the High Court. The Interested Party appealed against the dismissal to the Court of Appeal and then filed an application for stay of execution of the ruling in suit number GJ/0902/2023 dated 25th September 2023. The application for stay was granted by the High Court on the 16th November 2023.

[1.2]. Following the dismissal by the Supreme Court of an application for certiorari against the ruling of the High Court staying the execution, the Interested Party then filed an application for injunction against the Applicant herein for an order to restrain the applicant from enforcing the judgment of the Supreme Court dated the 25th July 2018. Eventually, the High Court, in a ruling delivered on the 5th day of June 2024, granted the applic